§ 23-20.10-2 - Definitions.
SECTION 23-20.10-2
§ 23-20.10-2 Definitions. – The following words and phrases, whenever used in this chapter, shall beconstrued as defined in this section:
(1) "Assisted living residence" means a residence thatprovides personal assistance, and meals to adults in accordance with chapter17.4 of this title.
(2) "Bar" means an establishment that is devoted to theserving of alcoholic beverages for consumption by guests on the premises and inwhich the serving of food is only incidental to the consumption of thosebeverages, including, but not limited to, taverns, nightclubs, cocktail loungesand cabarets.
(3) "Business" means a sole proprietorship, partnership,joint venture, corporation, or other business entity formed for profit-makingpurposes, including retail establishments where goods or services are sold aswell as professional corporations and other entities where legal, medial,dental, engineering, architectural or other professional services are delivered.
(4) "Employee" means a person who is employed by an employerin consideration for direct or indirect monetary wages or profit, and a personwho volunteers his or her services for a nonprofit entity.
(5) "Employer" means a person, business, partnership,association, corporation, including a municipal corporation, trust or nonprofitentity that employs the services of one or more individual persons.
(6) "Enclosed area" means all space between a floor andceiling that is enclosed on all sides by solid walls or windows (exclusive ofdoorways), which extend from the floor to the ceiling.
(7) "Health care facility" means an office or institutionproviding care or treatment of diseases, whether physical, mental, emotional,or other medical, physiological or psychological conditions, including, but notlimited to, hospitals, rehabilitation hospitals or other clinics, includingweight control clinics, nursing homes, homes for the aging or chronically ill,laboratories, and offices of surgeons, chiropractors, physical therapists,physicians, dentists, and all specialists within these professions. Thisdefinition shall include all waiting rooms, hallways, private rooms,semi-private rooms and wards within health care facilities.
(8) "Place of employment" means an area under the control ofa public or private employer that employees normally frequent during the courseof employment, including, but not limited to, work areas, employees lounges,restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias,and hallways. Vehicles owned by a public or private employer are covered underthis definition provided that the vehicle is used by more than one person. Aprivate residence is not a "place of employment" unless it is used as a childcare, adult day care or health care facility.
(9) "Public place" means an enclosed area to which the publicis invited or in which the public is permitted, including, but not limited to,banks, bars, educational facilities, health care facilities, laundromats,public transportation facilities, reception areas, restaurants, retail foodproduction and marketing establishments, retail service establishments, retailstores, shopping malls, sports arenas, the state house, theaters and waitingrooms. A private residence is not a "public place" unless it is used as a childcare, adult day care or health care facility.
(10) "Restaurant" means an eating establishment, including,but not limited to, coffee shops, cafeterias, and private and public schoolcafeterias, which gives or offers for sale food to the public, guests oremployees, as well as kitchens and catering facilities in which food isprepared on the premises for serving elsewhere. The term "restaurant" shallinclude a bar area within the restaurant.
(11) "Retail tobacco store" means a retail store utilizedprimarily for the sale of tobacco products and accessories in which the totalannual revenues generated by the sale of other products are no greater thantwenty-five percent (25%) of the total revenue for the establishment. Thedivision of taxation shall be responsible for the determination under thissection and shall promulgate any rules or forms necessary for theimplementation of this section.
(12) "Service line" means an indoor line in which one or morepersons are waiting for or receiving service of any kind, whether or not theservice involves the exchange of money.
(13) "Shopping mall" means an enclosed public walkway or hallarea that serves to connect retail or professional establishments.
(14) "Smoking" means inhaling, exhaling, burning or carryingany lighted cigar, cigarette, pipe, weed, plant, or other combustible substancein any manner or in any form; provided, however, that smoking shall not includeburning during a religious ceremony.
(15) "Smoking bar" means an establishment whose business isprimarily devoted to the serving of tobacco products for consumption on thepremises, in which the annual revenues generated by tobacco sales are greaterthan fifty percent (50%) of the total revenue for the establishment and theserving of food or alcohol is only incidental to the consumption of suchtobacco products. The establishment must annually demonstrate that revenuegenerated from the serving of tobacco products is greater than the totalcombined revenue generated by the serving of beverages and food. The divisionof taxation in the department of administration shall be responsible for thedetermination under this section and shall promulgate any rules or formsnecessary for the implementation of this section.
(b) Smoking bars shall only allow consumption of food andbeverages sold by the establishment on the premises and the establishment shallhave public access only from the street.
(c) Any smoking bar as defined herein, is required to providea proper ventilation system which will prevent the migration of smoke into thestreet.
(16) "Sports arena" means sports pavilions, stadiums, (indooror outdoor) organized sports fields, gymnasiums, health spas, boxing arenas,swimming pools, roller and ice rinks, bowling alleys and other similar placeswhere members of the general public assemble to engage in physical exercise,participate in athletic competition or witness sports or other events.
(17) "Legislature" means the general assembly of the state ofRhode Island.